STATE v. ROMAN NOSE

No. CX-01-1560.

649 N.W.2d 815 (2002)

STATE of Minnesota, Respondent, v. Tony Allen ROMAN NOSE, Appellant.

Supreme Court of Minnesota.

August 22, 2002.


Attorney(s) appearing for the Case

John M. Stuart, State Public Defender, Steven P. Russett, # 161263, Assistant State Public Defender, Minneapolis, MN, for Appellant.

Mike Hatch, Minnesota Attorney General, St. Paul, MN, Doug Johnson, Washington County Attorney, John W. Fristik, # 32335, Assistant County Attorney, Stillwater, MN, for Respondent.

Heard, considered, and decided by the court en banc.


OPINION

ANDERSON, RUSSELL A., Justice.

Tony Allen Roman Nose, appellant, appeals from his conviction of first-degree murder during the commission of criminal sexual conduct in violation of Minn.Stat. § 609.185(2) (2000) for the July 11, 2000, killing of Jolene Stuedemann. Appellant claims that the trial court erred by failing to conduct a pretrial Frye-Mack hearing on the general acceptance within the relevant scientific community of the PCR...

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